The Big Sandy news. [volume] (Louisa, Ky.) 1885-1929, 1887-04-28
The INTERSTATE Law.
Powers OF the Commission Defined In an
Important Letter to the Pubiic-specine
ComplaInts OF Violations Must He Made
TO Insure InyestIgatIon-A Warning to
railroads inclined to Mako the Law

railroads inclined to Make the Law
Obnoxious.
WAsHINeroN, April 19.-The Inter Stats
Commerce Commission has received two
petitions-one from the Order Of Railway
Conductors and the other from the Trad
ers and Travellers Union-which are
representative OF o large number
of similar petitions, asking the board
for its construction Of the provisions
OF the ''act to regulate commerce.
as applied TO the various points
at which the provisions touch the customs
of the past The conductors petition asks
whether railway companies are prohibited
from issuing passes or reduced transporta-
tion to railway employees or their families,
whether employed by the road issuing the
pass or by some other road, or to men who
make railway business their trade but
who may be temporarily out Of employ.
ment. Also whether railway companies
may issue free transportation TO delegates
and their families to annual conventions OF
associations composed exclusively OF rail-
road men. The request Of the Traders
and Travellers Union Is for decision as
TO whether there is any reason why q rail-
road company desiring to do so should not
enter into an arrangement TO grant under
stated terms an increased allowance OF
free baggage The commission has writ
ten lengthy letter in reply a synopsis OF
which is here given:
/ Referring to these petitions the commission
says 1t is obvious that the impression is gen
orally prevalent that this commission has
power TO construe, interpret and apply the
law by preliminary Judgment. A careful read
ing OF the act will show that no iuris-
diction has been given the board to an
swer questions like those under considera-
tion. An expression of their opinion at this
time would be no more useful TO the public or
the carriers than the opinion OF other men upon
| the same points. The decision then refers to
the two sections which confer power on the
commission TO entertain petitions, and
states that section four of the law
| (Which refers exclusively 70 long and
/ short hauls) is the only section the provisions
/ OF which the commission Is empowered TO sus-
/ pend or relax. Under all other sections juris-
| diction is given to act only when complaints
| are made, in which case the commission cause
an investigation to be made as to whether the
i conduct complained OF is or is not in contraven-
ton of the provisions OF the law; and, II 1t so
| adjudges, II is authorized to issue a notice en-
i joining the carrier from further violation OF the
/ law and TO award reparation for the injury
| done, or both.
| But the railway conductors or the Traders
| and Travellers Union present no complaint OF
i any InlnR uOne or omitted IN COutrhNontlOH VI
| the provisions OF the law. -H.r. ,..
/ II q railroad company should issue pass to
/ a conductor or his family to attend the ap-
| preaching convention, or should transport $40
| pounds Of baggage free for a commercial tray
i eler under the registry and indemnity system.
i and some person, feeling aggrieved, should
i make complaint of unjust dissemination, II would
| then be proper for the commission TO en-
| tertain the question OF whether such con-
/ tuuc M tvn N violation n the law and
| II so whether 1t was or was not within the ex-
| ceptions stated within section %. Complaints
may also be presented II the charges made by
| the carriers are not considered reasonable and
| just but until questions OF this kind come be-
/ fore the commission in the way clearly indi-
Gated by the statute 1t would be worse than
/ useless to express opinions or give advice.
| The commission then goes on 10 say that
Congress has not taken the management of the
railroads out of the hands OF the railroad COM
panies. 1t has simply established certain gen
| eral principles under which Interstate COM
merce must be conducted. The alleged dim
culties in putting them IN opera
tion only disclose the extent to which they
have been violated In the past. The sec
tions OF the act are expressed in plain
| words. construction must be given to them
| in the first instance by the carriers and their
| patrons. When q course OF conduct has been
| adopted, OF which complaint is made that it
violates the law, the decision OF the question
/ will rest with the courts or with the commits
sion, as the complaining party may elect. This
is the orderly method in which all legislation is
administered and applied, and the statute in
question presents no exception
The commission says that many OF the nu-
merous petitions received are made upon the
suggestion OF carriers themselves, and that
common comment on the law by the carriers
| and those who have heretofore enjoyed special
favors at their hands describe the penalties and
| risks imposed upon unlntentional and unwit-
| ting violators OF the law as enormous, and con-
| tinues:
'Good faith, exhibited In on honest effort 10
carry out the requirements of the laws, will in
volve reasonable and fair-minded officials in no
| danger OF damages or fines. The elasticity OF
the statute in their favor Is noticeable, Through
out the act as 1t now stands in confessedly exper
mental FORM there is exhibited an obvious and
generous purpose 10 allow to the corporations
ample scope in the conduct of their business as
common carriers for the people, and fair con-
sideration OF every reasonable claim while in
sisting upon just, impartial, open and consist
ent rates OF charge. to which every citizen shall
| be subjected alike whose situation is the same.
The language and the tenor OF the act wholly
fail TO justify railroad managers, II any such
there be, who refuse to accept responsibilities,
decline TO offer rates, neglect to announce con.
ditions of traffic, embarrass the customary in
terohange OF business and impose stagnation
upon trade, while they stick In the bark oil
the phrases and expressions OF the law, invent
ing doubts and imagining dangers.
"It is still more unjustifiable for railroad
companies TO make use Of the general clauses
Of the law, ignoring its modifying and enlarg'
iLg words and formulas In order to impose ad-
ditional burdens upon localities trades, profes.
sions, manufacturers, consumers classes OF
travellers or employees, straining every con.
struction In favor OF the corporate treasury,
and quoting the new law as their authority for
all manner of petty exactions.
''The powers OF the commission are entirely
adequate to cope with such conduct, the exist
ence OF which is not affirmed, although it has
been somewhat publicly suggested. The same
statute which enacts that charges for like
service shall be uniform to all also provides
that charges in every case and for every kind
and class OF service shall be reasonable and
just"
The express companies having raised ques
ton as TO whether they were subject to the
operation OF the law, the commission made
ruling that II would hold In the affirmative, but
would give hearing TO any company wishing
TO contest the point.
In reply to Bishop Knickerbocker, OF Indian
apolis, who inquired as to the right OF rail
road to transport missionaries at special re
duced rates, the commission writes that It has
hu pOntI III thc pituiiSCs. AnttC - 'uO
doubt" Judge Cooley adds, 'of the right OF
the railroads to grant special privileges to re-
ligious teachers, and In deciding In good faith
what they will do they can scarcely be said to
incur risk OF penalties. Penalties are for will
full violations of the law, and not for errors OF
Judgment
Crazy Frenchman Undertakes to Avenge
His Country. 4 ti
MADRID, April 19.--An elegantly dressed
Frenchman called on Marshal Bazaine yes
terday and after conversing with him a
few moments suddenly drew poinard and
cut the Marshal about the head. Shouting
''J'di uenge ma pdtrie' he fed, but was after
ward arrested. The Marsha's wounds are
said to be slight. The prisoners name is
Nillair, and he claims to be a correspond
ent of the newspaper Courier de Rochelle.
He says he came here with the intention
OF killing Bazaine and that his dagger was
poisoned Medical men believe that he 10